Harrison County Circuit Judge Robert Bell ruled this week that the City of Fayetteville did not violate the Arkansas Freedom of Information Act (FOIA) in its handling of public records relating to Swarm Aero.
He entered a judgment for the city in the civil case filed by Ted Swedenburg regarding the drone manufacturer. The lawsuit, filed June 9, sought access to documents the city allegedly withheld from Swedenburg.
Timeline of the Request
The dispute began in February when Swedenburg submitted a request to the City of Fayetteville under the Arkansas Freedom of Information Act. He sought all records related to Swarm Aero, a company recently established in the region.
Swarm Aero, based in California, specializes in autonomous, uncrewed aerial vehicles. The company unveiled a manufacturing facility at 109 S. School Avenue in Fayetteville in late February. The facility in Northwest Arkansas represents the company’s physical footprint as it expands its operations.
Faced with a voluminous request covering the operational details of the new facility, the city staff began the process of compiling the relevant documents.
Legal Proceedings
Swedenburg narrowed his request shortly after submitting the initial inquiry. He specifically targeted correspondence and files from three main city departments: the mayor’s office, the airport, and planning and development services.
Under Arkansas law, once a specific agency is mentioned in a FOIA request, the economic development personnel at the city cannot lawfully withhold the information required to be responsive to that specific office.
Swedeberg ultimately received the documents he requested. However, the lawsuit alleges the provided files were incomplete. Specifically, the records did not include a copy of a nondisclosure agreement provided by Swarm Aero and subsequently signed by city staff.
Attorneys for the city argued that while transparency is a priority, the city was not obligated to produce the specific loss prevention document in its initial response to this particular subset of inquiries.
The Ruling
Judge Bell agreed with the defense argument. His ruling stated that the city of Fayetteville acted in compliance with state law during the record retrieval process.
The ruling largely hinges on the “double-dipping” statute in Arkansas FOIA law. The legislature clarified to prevent agencies from acting as both the requester and the scorer of the game. By narrowing his request to specific city departments, Swedenburg removed the economic development staff from the scope of his inquiry, shifting the responsibility of disclosure solely to those specific bureaus.
Economic Impact Context
This ruling comes as Fayetteville continues to position itself as a hub for advanced manufacturing and aerospace technology in Northwest Arkansas. The arrival of Swarm Aero followed several large-scale developments in the sector, including the establishment of a major carrier air cargo hub at the Northwest Arkansas National Airport.
Transparency regarding economic development deals and company operations is a recurring issue in municipal governance across the region. As cities negotiate confidential agreements to attract large employers, lines between public record and private contract can blur.
